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Press Releases from bunk-alliance Rechtsanwälte (10 total)

German Local Trade Tax

All the companies in Germany are liable to pay not only corporate income tax, whose rate is nowadays about 15% of the annual profit of the company, but also trade tax (Gewerbesteuer), which is a tax of German characteristics. Why would we say that trade tax is of German characteristics? Because it is different from the corporate income tax, which is charged by the German Federal Government and it is difficult…

PL: The envisaged repeal of special proceedings in commercial matters as a chanc …

The Polish cabinet accepted the long expected law proposal, which shall repeal commercial matters by changing the Civil Procedure Act. Currently, legal disputes between companies are decided in consideration of special regulations, which impose significant obligations on the parties already when filing the particulars of claims and which contain severe consequences in case of disregard, to the point of losing the proceedings, in particular the obligation to present all allegations…

EU: Introduction of a unitary EU patent moves closer

On 26.06.2011, the EU Council of Ministers, on request of several delegations, released a general approach on the two draft regulations on the EU patent. Prior to this, the non-participating member states, Spain and Italy had filed a lawsuit with the European Court of Justice with regard to the Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection. By the lawsuit, Spain and Italy turn…

EU: Resolution order on the preliminary garnishment of accounts shall advance th …

According to the European Commission approximately one million of smaller companies face difficulties when trying to enforce and recover outstanding receivables abroad. Thus receivables amounting up to EUR 600 million are unnecessarily written off per year, only because companies don’t want to get themselves into costly and for them opaque litigations in other countries. According to its own statement, the European Commission wants to make it easier for citizens and…

On the scope and effect of a decision rendered by a Community Trademark Court wi …

In October 2010 the Advocate General Pedro Cruz Villalón, gave his opinion, in which he commented on the geographical extension of a judgment rendered by the Community Trademark Courts with respect to the other member states of the European Union and how execution proceedings menaced by such a court, can be acknowledged and forced through. The current proceedings before the ECJ were let by a legal dispute between the French company…

Planned reforms on the law on passenger transportation - a chance for bus compan …

While in other European countries the long distance bus transportation system from one city to another is booming, such opportunity is given in Germany only on a limited amount of routes. Reason for this is a decade-old law. However, the envisaged liberalization of the law on passenger transportation might lead to a change and give new opportunities to German and foreign bus companies. In accordance with the current wording of §…

EU: Consequences of court orders securing the debtor`s assets in insolvency proc …

In the scope of insolvency proceedings, based on the regulation (EC) no. 1364/2000 of 29th May 2000, the district court in Augsburg secured the assets of the debtor by a stay order, prohibiting any creditor to commence enforcement measures and suspending already initiated enforcement measures (except foreclosures into real estate). Insolvency proceedings had been opened over a company with its registered seat in Poland, but whose Center of Main Interest…

EU/CISG: Formal requirements on the conclusion of agreements on international ve …

In day-to-day business relationship, the parties involved in many cases only determine the essential contractual requirements, such as price, quantity delivered, etc. The question which law shall be applicable, the competent court in case of legal disputes and other provisions, that should be agreed upon contractually, are left out, since the parties very often do not have time in order to negotiate such questions extensively. For this reason many companies…

English as official language of proceedings in commercial court proceedings in G …

On 12th February 2010, the Minister of Justice, Ms. Roswitha Müller-Piepenkötter presented to the Federal Council of Germany a draft law, according to which English shall be established as language of communication in front of courts. Hereto special chambers for commercial affairs shall be established as part of the district courts, comparable to the already existing commercial courts in Germany. Thereby Germany as business location shall become more attractive, since English…

Bridge-financing of EPR payments (outstanding wages) – now also possible in Po …

In Germany the instrument of the so called bridge-financing of EPR payments (outstanding wages owed by the insolvent company) is currently considered as a kind of standard procedure in preliminary insolvency proceedings, if and in so far as the preliminary insolvency administrator intends to continue the business of the insolvent company. As is known, the predicament of bridge-financing of EPR payments in Germany is based on the fact that the exchequers…